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2007 Supreme(Cal) 147

JAYANTA KUMAR BISWAS
UTPAL CHOWDHURY – Appellant
Versus
FOOD CORPORATION OF INDIA – Respondent


Advocates Appeared:
Debajyoti Das, Maniklal Mukhopadhyay, MITA MUKHERJEE, PARTHA SARATHI SENGUPTA

( 1 ) THE petitioner is aggrieved by the decisions of the corporation rejecting his application for voluntary retirement. The scheme, introduced by notification dated June 29, 2004, was titled

"voluntary Retirement Scheme for the officers/officials of the corporation notwithstanding Regulation 22-A of FCI (Staff) Regulations, 1971. " In its para I. 2 it was said, "the Corporation will have the right not to grant voluntary retirement to any of Officers/officials or the reasons to be recorded in writing. " In para I. 3 it said, "the scheme will be in operation for a period of three months from the date of its notification. " Paragraph IV. 3 of the scheme provided, "care shall be taken to ensure that highly skilled and qualified officers and staff are not given the option. Further, voluntary retirement could be denied in the following circumstances: (i) Where departmental proceedings have been initiated or are contemplated and the disciplinary authority is of the view that the case may result in the imposition of penalty of removal or dismissal; or (ii) Where, prosecution is either contemplated or has actually been launched against the employee concerned. " In para. VIII. b)it was men












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